PDP asks CJ to bar three judges from handling party cases

The leadership of the Peoples Democratic Party (PDP) under the chairmanship of Kabiru Tanimu Turaki (SAN) has petitioned the Chief Judge of the Federal High Court, Justice John Tsoho, requesting that three judges — Justices James Omotosho, Peter Lifu and Joyce Abdulmalik — be barred from presiding over suits involving the party. The request, made […]

The leadership of the Peoples Democratic Party (PDP) under the chairmanship of Kabiru Tanimu Turaki (SAN) has petitioned the Chief Judge of the Federal High Court, Justice John Tsoho, requesting that three judges — Justices James Omotosho, Peter Lifu and Joyce Abdulmalik — be barred from presiding over suits involving the party.

The request, made through a formal letter addressed to the Chief Judge and signed by the PDP National Secretary, Taofeek Arapaja, expressed “deep concern” over what the party described as a “recurring pattern” where virtually all cases involving the PDP at the Abuja Division of the Federal High Court had, in recent years, been assigned to the same set of three judges, despite the availability of several others in the division.

Justice Omotosho had on October 31 delivered judgement in a suit filed by three aggrieved PDP members — Austin Nwachukwu (Imo State chairman), Amah Abraham Nnanna (Abia State chairman) and Turnah Alabh George (South-South secretary). In that ruling, the court halted the party’s planned national convention scheduled for November 15 and 16 in Ibadan, Oyo State.

The judge held that the PDP could not proceed with the convention until it complied with established statutory requirements under its constitution, the Constitution of the Federal Republic of Nigeria and the Electoral Act. Justice Omotosho ruled that continuing with the convention without addressing these issues would breach internal procedures and violate the rights of members.

Subsequently, on 14 November, Justice Peter Lifu issued an order restraining the Independent National Electoral Commission (INEC) from supervising, monitoring or recognising any convention held by the PDP without including former Jigawa State governor Sule Lamido as a valid contestant. The court held that Lamido had been denied a level playing field as he was unjustly prevented from obtaining nomination forms to contest for National Chairman, in breach of the party’s constitution and internal guidelines.

In a related judgement, Justice Joyce Abdulmalik earlier restrained the PDP from dissolving its Cross River State executive committee. The court issued the order after the PDP leadership replaced the state’s executive structure with a caretaker committee, a move the court found to be unlawful.

Despite these judicial pronouncements, the party proceeded with its national convention in Ibadan and elected Turaki as National Chairman alongside other members of a new National Working Committee (NWC), effectively taking over from the Umar Damagum-led committee. The convention also ratified the expulsion of the three plaintiffs in the Omotosho case, alongside the Minister of the Federal Capital Territory, Nyesom Wike, former Ekiti State governor Ayodele Fayose and others.

The party explained that its decision to proceed with the convention was based on an order issued by Justice A. L. Akintola of the Oyo State High Court sitting in Ibadan, which directed it to go ahead with the national convention scheduled for November 15 in the Oyo State capital. It added that it also relied on previous Supreme Court rulings which held that issues relating to internal party affairs are largely non-justiciable, except in cases where fundamental human rights are violated.

Following the convention, tensions escalated between factions loyal to Turaki and Wike, culminating in a violent altercation at the PDP National Secretariat in Abuja on 18 November. The incident prompted law enforcement agencies to seal off the premises, which has remained inaccessible since 19 November.

Meanwhile, in a fresh suit yet to be assigned to a judge, acting National Chairman Mohammed Abdulrahman and National Secretary Samuel Anyanwu of the Wike-led faction have approached the Federal High Court in Abuja seeking an order to invalidate the convention and reverse all decisions taken.

But in the petition to Justice Tsoho, Arapaja said he was acting under the instruction of Turaki, the NWC and the National Executive Committee (NEC) in drawing attention to what he described as “an emerging and troubling trend.”

According to him, “It is of great concern to our party that it would appear that all matters for the past few years filed in the Federal High Court, Abuja Judicial Division, either for or against our party, have always been assigned to the following three judges only — Hon Justice James Omotosho, Hon Justice Peter Lifu and Hon Justice Mohammed Abdulmalik, even though there are other judges numbering up to nine in the Abuja Division, as the division has 12 judges in total.”

 

‘Public perception casting them as courts of particular concern’

Arapaja, in the petition seen by Daily Trust yesterday, said public perception was increasingly casting the three courts as “courts of particular concern” in relation to matters affecting the PDP, adding that party members had bitterly complained to the newly elected leadership about the perceived pattern.

“Indeed, all these three courts are viewed by party members and indeed the public as ‘courts of particular concern’ with regard to matters pertaining to or affecting the interest of the Peoples Democratic Party,” the letter stated.

The party noted that while it holds the judiciary in high esteem, public confidence in judicial impartiality is being compromised.

“My Lord, it is trite that justice must not only be done in all cases and circumstances, with regard to matters pending and matters filed in the court of law, but justice must be seen to be done indeed by reasonable members of society, including the members of our party,” Arapaja said.

“Given the current challenges facing the party, there is a high likelihood of cases being filed for or against the party. It is in this respect that we humbly plead that matters henceforth involving our party should not be assigned to any of these three judges, since justice is rooted in trust and integrity.”

He emphasised that the party harbours no doubts about “the integrity of the judiciary, particularly the Federal High Court, Abuja Division,” but insists that perceived bias requires preemptive measures to safeguard the credibility of court processes involving the PDP.

Although the petition did not directly accuse the judges of wrongdoing or unethical conduct, some party leaders have repeatedly alleged that rulings from their courts tend to favour the faction aligned with FCT Minister Nyesom Wike.

Petition an overreach – Wike faction

Reacting to the petition, Timothy Osadolor, the acting National Youth Leader of the Wike faction, described it as “an overreach,” accusing the Turaki camp of attempting to interfere with judicial discretion.

“To even begin to tell the chief judge or suggest which judges should or should not handle your case is, frankly, an overreach,” he said.

Osadolor argued that the assignment of cases is strictly within the prerogative of the Chief Judge of the Federal High Court, as enshrined in statute and judicial conventions.

“So, for some few misguided individuals that are ill-advised and with a clear motive and agenda to smear these judges, who over time have earned their names, to be writing these kinds of frivolous petitions and making such requests — it’s laughable,” he stated.

He said if he were any of the judges concerned, he would consider legal action against those petitioning for attempting to “smear their names.”

“But for me, that is not the position of the PDP. We have no reason to fault the judgments of Justice Omotosho and Justice Lifu, especially on their pronouncements that the constitution and practices of the PDP — drafted by our leaders and adopted at the 2017 National Convention — should be respected.”

He said the essence of the rulings was to compel the party to abide by its internal processes and not selectively apply rules.

“There is no organisation or institution on earth that is not governed by rules and regulations. Otherwise, nothing separates us from animals roaming the streets.”

Osadolor warned that failing to respect the party’s constitution undermines its ability to govern at the national level.

“A party that cannot respect its internal constitution — how do you expect that party to be entrusted with the constitution of the Federal Republic of Nigeria?” he asked.

“If they have an issue with any of the judgments, the next step is to challenge them in court and not write petitions smearing judges.”

On the appointment of Francis Orogu as National Vice Chairman (North-Central) by the Turaki-led NWC on Tuesday, Osadolor dismissed it as “a non-issue” and “a charade.”

The NWC had announced Orogu’s appointment as replacement for Abdulrahman Mohammed, who had been elevated to acting national chairman by the Wike faction following his expulsion at the Ibadan convention. But Osadolor insisted Turaki and his team lacked the legitimacy to make such appointments.

“They have no moral authority, electoral authority, party authority or any authority whatsoever to appoint people into positions of the party,” he stated.

“On what locus are these people making appointments? They are not recognised officials of the party. They are being driven by assumptions and arrogance, claiming powers that do not belong to them.”

He said their actions were “a nullity” and “ridiculous at best,” adding that the appointment had drawn little reaction from serious party members because, “no well-meaning person takes it seriously.”